The circuit courts of this state shall have jurisdiction and power to vacate and annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether designated by any such maps, plats, or surveys or not, upon the filing of a civil action by any person or persons owning any of the lots, parcels, or tracts of land abutting such roads, streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality, town, or city, if the land is located within any municipality, town, or city, shall also be made a party defendant; and, if not located in such municipality, city, or town, the county in which such lands are located shall be made a party defendant.
(Code 1923, §10365; Code 1940, T. 56, §21.)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1984–2026 · leading case:
Ferrara, No. 1:25-cv-00133 (S.D. Ala. Mar. 20, 2026).
Ferrara, No. 1:25-cv-00133 (S.D. Ala. Mar. 20, 2026).
· cites it 6× “The Ferraras argue that they had no appeals process; however, Ala. Code § 35-2-58 “authorizes any aggrieved party to annul or invalidate a recorded plat in the circuit court.”
City of Centreville v. White, 456 So. 2d 1062 (Ala. 1984).
· cites it 4× “When their request was denied, they filed suit in the Bibb County Circuit Court pursuant to Alabama Code (1975), § 35-2-58. They alleged that as sole abutting property owners they were entitled to vacation of the street since it has never been made into a through street and…”
Turner v. Hoehn, 494 So. 2d 28 (Ala. 1986).
· cites it 4× “The plaintiffs filed this action under Code 1975, § 35-2-58, to vacate a 25-foot public alley.”
City of Hoover v. Kanellis, 574 So. 2d 850 (Ala. Civ. App. 1990).
· cites it 3× “Gus and Maria Kanellis (appellees) filed an action in the Circuit Court of Jefferson County pursuant to § 35-2-58, Ala. Code 1975. They sought an order compelling the City of Hoover (appellant) to consent to the vacation of a dedicated alley abutting property owned by the…”
790 Montclair, LLC v. Birmingham Metro, LLC, No. SC-2024-0810 (Ala. July 3, 2025).
“On September 27, 2023, 790 Montclair commenced an action pursuant to § 35-2-58, Ala. Code 1975, 2 seeking to annul or invalidate the subdivision plat based on its failure to receive written notice of the public hearing on the proposed subdivision.”
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treatment. Dots show Syfertize treatment of the citing case itself.